Delivery Guide

4.1 Unless otherwise agreed in writing by the Company delivery of the Goods shall take place at the address provided by the Buyer to the Company.

4.2 Unless otherwise agreed in writing by the Company the Goods shall be delivered by such means as the Company thinks fit.

4.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.

4.4 Subject to the other provisions of these Conditions the Company will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 60 days.

4.5 If for any reason the Buyer does not accept delivery of any Goods when they are delivered, or the Company is unable to deliver the Goods on time because the Buyer has not provided an appropriate address or appropriate instructions, documents, licences or authorisations:

4.5.1 risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company's negligence); 4.5.2 the Goods will be deemed to have been delivered; and

4.5.3 the Company may store the Goods until delivery and the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance).

4.6 The Buyer will provide at its expense at the Delivery Point adequate and appropriate equipment and manual labour for off-loading the Goods.

4.7 The Buyer will indemnify the Company against any liability and expense (whether arising under statute or common law) caused by the Buyer's failure to provide appropriate equipment and manual labour for off-loading (whether or not the off-loading is supervised by or on behalf of the Buyer) for;

4.7.1 any personal injury to or death of any of the Company's employees, agents or sub-contractors or any third party; and

4.7.2 any damage to or loss of any property of the Company, its employees, agents or sub-contractors or any third party.

4.8 If the Company delivers to the Buyer a quantity of Goods of up to 70% less than the quantity accepted by the Company the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the shortfall and shall pay for such Goods at a pro rata Contract rate.

4.9 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the whole contract as repudiated.